Reopening Workers’ Compensation Case | Phillips Law Group
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- Reopening Workers’ Compensation Case | Phillips Law Group
June 8, 2018
There are times when you can reopen a workers’ compensation case even though it has already been settled. For example, your condition may change and the effects of your workplace injury or illness may worsen over time.
If you wish to reopen your workers’ compensation case, contact the Phoenix workers’ compensation attorneys of the Phillips Law Group for assistance. We can determine if you can reopen your case and guide you through every step of the process as we pursue the compensation you deserve.
Reasons Why a Workers’ Compensation Claim Can Be Reopened
Workers’ compensation claims may be reopened for the following reasons:
- Your condition has gotten significantly worse – You must be able to prove that your condition has greatly declined since your claim was settled. The worsened conditions must be linked to your original workplace injury or illness, and not due to some other cause, such as a new injury or aging. However, if your workers’ compensation settlement included the right to future medical care, you do not need to reopen your case. Treatment will be covered the same way it was covered before the settlement was finalized.
- Your previous award was inaccurate – If new evidence proves your workers’ compensation award was not correct, your case may be reopened to resolve this error.
- Law errors or mistakes, or clerical errors, caused your award to be inaccurate – Your case may be reopened to correct this error.
You will have a very difficult time reopening your case if you signed a full and final release settlement. With a full and final release settlement, you give up your right to pursue future claims in exchange for your original settlement.
There are rare cases when you may be able to reopen your claim after signing a full and final release. For example, you may be able to reopen the case if you can prove the insurance company committed fraud when getting you to sign such an agreement.
Evidence You Will Need
You will need to support your request to reopen your claim with medical evidence. Your doctor must write a report or complete designated forms explaining the following:
- How your original condition has worsened
- What medical treatments are needed
- Your current worsened condition is caused by your original workplace illness or injury
Filing a New Claim
Depending on the symptoms you experience, it may be in your best interest to open a new workers’ compensation case instead of reopening the existing claim. If your disability has worsened, your situation may be a cumulative claim, which is usually treated as a new claim.
Cumulative trauma claims often concern repetitive injuries or progressive illnesses, but could also cover specific traumas that cause chronic pain or new repetitive injuries. These cases can be difficult as every person’s illness or injury affects them differently.
Your attorney can review your situation to determine if you should reopen your case or file a new one.
Is There a Time Limit to Reopen a Claim in Arizona?
In some states, you must file to reopen your workers’ compensation claim within a certain period of time known as the statute of limitations. This is a deadline for filing a claim and if you do not file a claim before the deadline passes, you lose the right to do so.
However, in Arizona there is no statute of limitations that applies to reopening a workers’ compensation case. You may file to reopen your case at any time by filing a Petition to Reopen.
Contact an Attorney for Help
If you wish to reopen your workers’ compensation case, the skilled Phoenix workers’ compensation attorneys of Phillips Law Group are available to assist you. We will review your case and inform you of the options available for recovering the compensation you deserve.
Request a free, no obligation consultation now with our legal team. There are no upfront fees when working with our law firm and you only owe legal fees if we recover compensation in your case.
Call 1-800-706-3000 or fill out our Free Case Review formnow.
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Phillips Law Group does so much for the community!!! I especially enjoy seeing Juan Roque out there. This gentle giant always has a smile on his face and is a part of a caring and giving team.
Although my accident was fortunately not a major one, The Phillips Law Group AZ treated it as such. Their staff, specifically Mr Juan Roque was very professional, courteous and most importantly very informative. Mr Roque's attentive service was phenomenal and I highly recommend this firm!
Phillips law group is a great firm! Caroline is great.
I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!
I was recently served court documents that I was being sued from an accident that happened years ago. For someone who has never been through something like this and not familiar with the court lingo or where to even begin, it was very frustrating and stressful. I reached out to a family member who knew Tracy Laskos and the great reputation of Phillips Law Group and within the hours of the initial call for help, I had a direct number to Lead Attorney Nassar. Nassar heard my case and almost instantly put me at ease by explaining the process and how easy it was to handle. Nassar spoke to me like he was a friend, not like I was a client. I am so grateful to Tracy, Nasar and of course my cousin Stephanie for helping out and giving me the direction that I needed to get through this situation. I plan on referring my friends, family and patients that are in need of a personal injury Attorney to Phillips Law Group. Thank you!!
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